Chanakya National Law University, Patna
Chanakya National Law University, Patna
Chanakya National Law University, Patna
I have made every effort to acknowledge credits, but I apologies in advance for any omission
that may have inadvertently taken place.
ASHUTOSH KUMAR
RESEARCH METHODOLOGY
It is doctrinal in nature.
The aim of the project is to present a detailed study on the topic“ consumer protection act,
with reference to health law.
• SOURCES OF DATA:
Both primary and secondary sources of data have been used in the project-
1. Articles/Journals
2. Books
3. Websites
The method of writing followed in the course of this research paper is doctrinal as well as
non-doctrinal. The research is followed with Uniform method of citation throughout the
course of this research paper.
INDEX
CHAPTER PAGE NO.
1. Introduction ----------------------------------------------------------------------- 5
Deficiency in Service--------------------------------------------------------------- 20
5. Redressal Mechanisms------------------------------------------------------- 43
6. Concluding Remark---------------------------------------------------------- 51
Bibliography ---------------------------------------------------------------------- 52
INTRODUCTION
The inherent profit motive in mass production and sales also offers the opportunity to many
manufacturers and dealers to exploit consumers. Each day, unscrupulous market practices are
finding their way into consumer homes, violating consumer rights and jeopardising their
safety. The need for empowerment of consumers as a class cannot be overemphasized and is
already well recognized all over the world. The level of awareness of the consumer can be
Moving Consumer Goods or even services rendered – each of these demand that consumers
become aware of their rights. In order to safeguard consumer interest, six consumer rights
were initially envisioned by consumer rights activists, namely 1: Right to Safety, Right to
information, Right to Choice, Right to Heard, Right to Redress and Right to Consumer
Education. In time, two more important rights were added viz.: Right to Basic Needs and the
Lately, Indian society is experiencing a growing awareness regarding Patient's Rights. This
trend is clearly discernible from the recent spurt in litigation concerning medical professional
or establishment liability, claiming redressal for the suffering caused due to Medical
Negligence, vitiated consent, and breach of confidentiality arising out of the doctor-patient
in the economic context of the rapid decline of State spending and massive private investment
in the sphere of the health care system and the Indian Supreme Court's painstaking efforts to
criminal court, considers common law principles relating to negligence, vitiated consent, and
definitely a need for striking a delicate balance. Otherwise, the consequences would be
inexplicable.
In this context, there is a deserving need for a two-pronged approach. On one hand, the
the social, economical, and cultural context that would facilitate the adjudicators to decide
issues of professional liability on an objective basis. On the other hand, such identification
enables the medical professionals to internalize such standards in their day-to-day discharge
of professional duties, which would hopefully prevent to a large extent the scenario of
protection of patient's rights in a litigative atmosphere. In the long run, the present adversarial
placement of doctor and the patient would undergo a transformation to the advantage of the
2 Associate Professor in Law, Chair on ‘Consumer Law & Practice’, National Law School of India University,
Bangalore